DUI; revise license suspension for test refusal if licensee pleads guilty.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Evans

HOUSE BILL NO. 762

AN ACT TO AMEND SECTION 63-11-5, MISSISSIPPI CODE OF 1972, TO 1
REVISE LICENSE SUSPENSION REQUIREMENTS FOR TEST REFUSAL IF THE 2
LICENSEE SUBSEQUENTLY PLEADS GUILTY; TO BRING FORWARD SECTION 3
63-11-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDES AUTHORITY TO 4
THE COMMISSIONER OF PUBLIC SAFETY, FOR PURPOSES OF AMENDMENT; AND 5
FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 63-11-5, Mississippi Code of 1972, is 8
amended as follows: 9
63-11-5. (1) (a) Any person who operates a motor vehicle 10
upon the public highways, public roads or streets of this state 11
shall be deemed to have given his consent, subject to the 12
provisions of this chapter, to a chemical test or tests of his 13
breath, blood or urine for the purpose of determining alcohol 14
concentration. A person shall give his consent to a chemical test 15
or tests of his breath, blood or urine for the purpose of 16
determining the presence in his body of any other substance which 17
would impair a person's ability to operate a motor vehicle. 18
(b) The test or tests shall be administered at the 19
direction of any authorized officer, when such officer has 20
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reasonable grounds and probable cause to believe that the person 21
was driving or had under his actual physical control a motor 22
vehicle upon the public streets or highways of this state while 23
under the influence of intoxicating liquor or any other substance 24
which had impaired such person's ability to operate a motor 25
vehicle. 26
(2) (a) A breath analysis test must be administered by a 27
person who has met all the educational and training requirements 28
of the appropriate course of study prescribed by the Board on Law 29
Enforcement Officer Standards and Training; however, sheriffs and 30
elected chiefs of police are exempt from the educational and 31
training requirement. A breath analysis test must not be given to 32
any person within fifteen (15) minutes of consumption of any 33
substance by mouth. 34
(b) For purposes of this section, the term "authorized 35
officer" means any highway patrol officer, commercial motor 36
carrier inspector, sheriff or his duly commissioned deputies, 37
police officer in any incorporated municipality, national park 38
ranger, officer of a state-supported institution of higher 39
learning campus police force if such officer is exercising this 40
authority in regard to a violation that occurred on campus 41
property, or security officer appointed and commissioned pursuant 42
to the Pearl River Valley Water Supply District Security Officer 43
Law of 1978 if such officer is exercising this authority in regard 44
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to a violation that occurred within the limits of the Pearl River 45
Valley Water Supply District. 46
(3) If the officer has reasonable grounds and probable cause 47
to believe such person to have been driving a motor vehicle upon 48
the public highways, public roads or streets of this state while 49
under the influence of intoxicating liquor or any other substance 50
that has impaired the person's ability to operate a motor vehicle, 51
the officer shall inform the person that his failure to submit to 52
such chemical test or tests of his breath, blood or urine shall 53
result in the suspension of his privilege to operate a motor 54
vehicle upon the public streets, roads or highways of this state 55
for a period of ninety (90) days if the person has not previously 56
been convicted of a violation of Section 63-11-30, or for a period 57
of one (1) year if the person has a prior conviction under Section 58
63-11-30. If the person who failed to submit to such chemical test 59
or tests of his breath should, at the trial of his charge for 60
driving under the influence, the suspension of the privilege to 61
operate a motor vehicle upon the public streets and highways of 62
this state shall be set aside and otherwise terminated. 63
(4) The traffic ticket, citation or affidavit issued to a 64
person arrested for a violation of this chapter shall conform to 65
the requirements of Section 63-9-21(3)(b) and, if filed 66
electronically, shall conform to Section 63-9-21(8). 67
(5) Any person arrested under the provisions of this chapter 68
shall be informed that he has the right to telephone for the 69
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purpose of requesting legal or medical assistance immediately 70
after being booked for a violation under this chapter. 71
(6) The Commissioner of Public Safety and the Mississippi 72
Forensics Laboratory created pursuant to Section 45-1-17 are 73
authorized to adopt procedures, rules and regulations applicable 74
to the Implied Consent Law. 75
SECTION 2. Section 63-11-23, Mississippi Code of 1972, is 76
brought forward as follows: 77
63-11-23. (1) Administrative license suspension for test 78
refusal. The Commissioner of Public Safety, or his authorized 79
agent, shall review the sworn report by a law enforcement officer 80
as provided in Section 63-11-21. 81
(a) If upon review the Commissioner of Public Safety, 82
or his authorized agent, finds (i) that the law enforcement 83
officer had reasonable grounds and probable cause to believe the 84
person had been operating a motor vehicle upon the public 85
highways, public roads or streets of this state while under the 86
influence of intoxicating liquor or any other substance that may 87
impair a person's mental or physical ability; (ii) that the person 88
refused to submit to the chemical test of the person's breath, 89
blood or urine upon request of the officer; and (iii) that the 90
person was informed that his license and driving privileges would 91
be suspended or denied if he refused to submit to the chemical 92
test of his breath, blood or urine, then the Commissioner of 93
Public Safety, or his authorized agent, shall give notice to the 94
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licensee that his license or permit to drive, or any nonresident 95
operating privilege, shall be suspended thirty (30) days after the 96
date of the notice for a period of ninety (90) days if the person 97
has not previously been convicted of or nonadjudicated for a 98
violation of Section 63-11-30, or, for a period of one (1) year if 99
the person was previously convicted or nonadjudicated under 100
Section 63-11-30. If the commissioner or his authorized agent 101
determines that the license or permit should not be suspended, he 102
shall return the license or permit to the licensee. 103
(b) The notice of suspension shall be in writing and 104
conform to Section 63-1-52. 105
(c) A person may continue to drive on either an 106
interlock-restricted license or under a drug-testing program if so 107
ordered by a court in the course of a criminal proceeding for a 108
violation of Section 63-11-30. 109
(2) Extension or suspension of privilege to drive; request 110
for trial. (a) If the chemical testing of a person's breath 111
indicates the blood alcohol concentration was eight one-hundredths 112
percent (.08%) or more for persons who are above the legal age to 113
purchase alcoholic beverages under state law, or two 114
one-hundredths percent (.02%) or more for persons who are below 115
the legal age to purchase alcoholic beverages under state law, 116
based upon grams of alcohol per one hundred (100) milliliters of 117
blood or grams of alcohol per two hundred ten (210) liters of 118
breath as shown by a chemical analysis of the person's blood, 119
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breath, or urine, the arresting officer shall seize the license 120
and give the driver a receipt for his license on forms prescribed 121
by the Commissioner of Public Safety and shall promptly forward 122
the license together with a sworn report to the Commissioner of 123
Public Safety. The receipt given a person shall be valid as a 124
permit to operate a motor vehicle for thirty (30) days in order 125
that the defendant may be processed through the court having 126
original jurisdiction and a final disposition had. 127
(b) If the defendant requests a trial within thirty 128
(30) days and trial is not commenced within thirty (30) days, then 129
the court shall determine if the delay in the trial is the fault 130
of the defendant or his counsel. If the court finds that it is 131
not the fault of the defendant or his counsel, then the court 132
shall order the defendant's privileges to operate a motor vehicle 133
to be extended until the defendant is convicted upon final order 134
of the court. 135
(c) If a receipt or permit to drive issued under this 136
subsection expires without a trial having been requested as 137
provided in this subsection, then the Commissioner of Public 138
Safety, or his authorized agent, shall suspend the license or 139
permit to drive or any nonresident operating privilege for the 140
applicable period of time as provided in subsection (1) of this 141
section. 142
(3) Offenders driving without a license. If the person is a 143
resident without a license or permit to operate a motor vehicle in 144
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this state, the Commissioner of Public Safety, or his authorized 145
agent, shall deny to the person the issuance of a license or 146
permit for a period of one (1) year beginning thirty (30) days 147
after the date of notice of the suspension. 148
(4) Appeal. It shall be the duty of the municipal 149
prosecuting attorney, county prosecuting attorney, an attorney 150
employed under the provisions of Section 19-3-49, or if there is 151
not a prosecuting attorney for the municipality or county, the 152
duty of the district attorney to represent the state in any 153
hearing on a de novo appeal held under the provisions of Section 154
63-11-25, Section 63-11-37 or Section 63-11-30. 155
(5) Suspension subsequent to conviction. Unless the person 156
obtains an interlock-restricted license or the court orders the 157
person to exercise the privilege to operate a motor vehicle only 158
under an interlock-restricted license or while participating in a 159
court-ordered drug-testing program, thirty (30) days after receipt 160
of the court abstract documenting a person's conviction under 161
Section 63-11-30, the Department of Public Safety shall suspend 162
the driver's license and privileges of the person to operate a 163
motor vehicle as follows: 164
(a) When sentenced under Section 63-11-30(2): 165
(i) For a first offense: one hundred twenty (120) 166
days; 167
(ii) For a second offense: one (1) year; 168
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(iii) For a third offense: for the full period of 169
the person's sentence; upon release from incarceration, the person 170
will be eligible for only an interlock-restricted license for 171
three (3) years; 172
(iv) For a fourth or subsequent offense: for the 173
full period of the person's sentence; upon release from 174
incarceration, the person will be eligible for only an 175
interlock-restricted license for ten (10) years and will further 176
be subject to court-ordered drug testing if the original offense 177
involved operating a motor vehicle under the influence of a drug 178
other than alcohol. 179
(b) When sentenced under Section 63-11-30(3) (Zero 180
Tolerance for Minors): 181
(i) For a first offense: one hundred twenty (120) 182
days; 183
(ii) For a second offense: one (1) year; 184
(iii) For a third offense occurring within five 185
(5) years, suspend or deny the driving privilege for two (2) years 186
or until the person reaches the age of twenty-one (21), whichever 187
is longer. 188
(6) Suspensions. (a) Notices of suspension given under 189
this section shall be in writing and conform to Section 63-1-52. 190
(b) Suspensions under this and any other chapter shall 191
run consecutively and not concurrently. 192
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ST: DUI; revise license suspension for test
refusal if licensee pleads guilty.
(c) The first day of any one-hundred-twenty-day period 193
shall begin twenty-one (21) days after entry of judgement of 194
conviction or order of nonadjudication. 195
(7) License reinstatement. A person is eligible for an 196
unrestricted license when the person has completed an alcohol 197
safety education program as provided in Section 63-11-32, has 198
satisfied all other conditions of law and of the person's sentence 199
or nonadjudication, and is not otherwise barred from obtaining an 200
unrestricted license. 201
SECTION 3. This act shall take effect and be in force from 202
and after July 1, 2026. 203